What happens at an appeal hearing?

Appeals against conviction are determined by using the evidence given at the lower court, that is, the district court reviews the transcript. An appellant is entitled to one free copy of the transcript of the lower court hearing. Apply for a transcript directly to the lower court.

Witnesses are not called to give evidence unless the district court considers there are exceptional circumstances. If you are seeking to call witnesses to the district court appeal hearing you will need to make application to the court prior to the appeal hearing.

Appeals against sentence are determined by rehearing the evidence given at the lower court. This is usually done orally by the appellant and without transcripts.

Appeals in children's care proceedings are determined by a new hearing and fresh or additional evidence; however, the district court can decide to admit the transcript of the lower court proceedings instead of hearing fresh evidence. Find more information about
how to lodge an appeal against children's court care proceedings.

Can you withdraw an appeal?

You can apply to withdraw the appeal but you must still attend court on the date listed. A judge will decide whether to allow you to withdraw the appeal.